Virginia's Attorney General Mark Herring recently stated he will not defend the Commonwealth's Constitutional definition of marriage as solely between one man and one woman, approved by general referendum in 2006. By doing so, Attorney General Herring is in violation of the Constitution of the Commonwealth of Virginia - which provides for mechanisms to amend the Constitution by popular vote - an action that shows contempt for the will of the people of our Commonwealth by circumventing the people's will through legal maneuvering. Therefore, Attorney General Mark Herring demonstrated he is unfit for the office of Attorney General and he must be removed from office.
§ 24.2-233 Virginia Code states that "Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court:
"For neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office..."
We state that Attorney General Herring's failure to defend the Constitution of the Commonwealth of Virginia and his contempt for the will of the people of our Commonwealth in the matter of Natural, One Man, One Woman Marriage, constitutes neglect of duty, misuse of office, and incompetence in the performance of his duties as Attorney General.
Furthermore, we state that Attorney General Herring's neglectful misuse of office and incompetence will have a material adverse effect upon the conduct of his office and ultimately, upon the general welfare of our Commonwealth.
Therefore, we the undersigned, request that the 13th Judicial Circuit of Virginia initiates formal proceedings against Attorney General Herring and paves the way for his recall at the ballot box, in accordance with § 24.2-233 of the Code of the Commonwealth of Virginia.